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Supreme Court Monthly Digest April 2023
SUBJECT WISE INDEX Administrative Law Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. (Para 90) Rajasthan Industrial Development...
Adani Hindenburg Issue | Supreme Court Adjourns SEBI's Application Seeking Extension Of Time For Probe To July 10
The Supreme Court has adjourned to July 10 the application filed by the Securities and Exchange Board of India (SEBI) seeking six months more time to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations. Last week, while hearing the application, a bench comprising Chief Justice DY Chandrachud,...
Multiplexes Stopped Screening "The Kerala Story" Due To Poor Audience Response, No 'Shadow Ban' : TN Govt Tells Supreme Court
In a plea filed by the makers of the controversial movie 'The Kerala Story' against the alleged 'shadow ban' of the movie in the State of Tamil Nadu, the state of Tamil Nadu has filed a counter affidavit refuting the claims of the makers and stating that they have made deliberate false statements implying that Tamil Nadu has prevented the public exhibition of the film. As per the affidavit,...
Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing
The Supreme Court, on Monday, refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. In Antil, the Apex Court had laid down guidelines on the aspect of grant of bail to accused who are not arrested...
'Supreme Court Broad Enough...' : SC Rejects PIL For Action Against Law Minister & Vice President Over Comments Against Judiciary
The Supreme Court on Monday dismissed the Special Leave Petition filed by Bombay Lawyers Association challenging High Court's order dismissing its PIL against Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their remarks in public about the basic structure doctrine evolved by the Top Court and the Collegium system for appointment of Judges. The Apex Court noted, “we...
Supreme Court Grants Time To NIA To File Counter Affidavit Regarding Change In Location of Gautam Navlakha’s House Arrest
The Supreme Court, on Monday, granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case. A Bench comprising Justice KM Joseph and Justice BV Nagarathna was considering an application filed by him seeking to shift...
Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India (Marxist) leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the Special...
High Courts Can Issue Additional Directions While Considering Bail Pleas By Virtue Of Powers Under Article 226/227: Supreme Court
The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution(Sanjay Dubey V State of Madhya Pradesh).. In this case, the High Court had directed departmental action against the appellant, a police officer, for dereliction of duty...
Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice
The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.Section 313(5) CrPC says that the Court may take help of Prosecutor and Defence Counsel...
Allegation That Adani Companies Were Being Investigated Since 2016 Is Baseless, SEBI Tells Supreme Court
In a rejoinder affidavit filed by the the Securities and Exchange Board of India (SEBI) today in the Supreme Court, the apex regulatory body has given additional reasons for seeking more time to probe into the Adani-Hindenburg issue. “The application for extension of time filed by SEBI is meant to ensure carriage of justice keeping in mind the interest of investors and the...
Supreme Court Grants Interim Relief To Arunachal Pradesh BJP MLA Dasanglu Pul Whose Election Was Set Aside By HC
The Supreme Court on Friday (May 12) granted interim relief to BJP MLA from Arunachal Pradesh Dasanglu Pul, whose election to the assembly was declared void by the Gauhati High Court on April 25.While posting Pul's appeal for hearing on September 6, 2023, the Supreme Court ordered that no bye-election should be held in the constituency represented by her in the meantime. A bench...
Supreme Court Rebukes DRT Presiding Officer Chandigarh For Challenging P&H High Court Order
The Supreme Court on May 12 rebuked the Presiding Officer of Debts Recovery Tribunal Chandigarh for filing a special leave petition against an order of the Punjab and Haryana High Court. The DRT Presiding Officer approached the Court alleging that the High Court had passed adverse remarks against him affecting his credibility and reputation.A bench comprising Justices MR Shah and CT...